What is the name of your state? Colorado
This may show up twice, so I apologize.
My wife was sued by her previous employer for violating her one-year non-compete agreement. Her new company waited until the end of her non-compete to hire a clerk who had worked for her previously, but her former employer claimed the act of notifying her friend of a job opening occurred during the non-compete and had to be considered competition/violation. It went to court and the judge ruled that the new company was not considered a competitor, thus the notification or hiring could have occurred at any point during that year. He found for the defendent and asked us to file a "bill of costs."
Our attorney has told us costs are different than attorneys' fees. He said to ask for attorneys' fees would be considered contemptuous and open ourselves up to appeal. Well, our "costs" were the $45 for when the attorney filed an "Answer And Designation Of Non-Party" in which he asked for dismissal and that attorneys' fees, costs, expenses, etc be awarded to defendant. Our attorneys' fees were $4650, but our attorney said there is no avenue for us to ask for them back. (He said we can't bring them to small claims court to ask for attorneys' fees.)
I find this unfathomable. We had few options other than to defend ourselves against a lawsuit that appeared to be vindictive. Prior to filing suit, they asked us to pay $12K; with two weeks to go they asked for $9K plus attorneys' fees; on the morning of the trial they asked for $5K plus attorneys' fees. I understand $4650 is less than any of those options, but it still feels as though money was stolen from us to prove my wife's innocence.
Are there any recourses?
This may show up twice, so I apologize.
My wife was sued by her previous employer for violating her one-year non-compete agreement. Her new company waited until the end of her non-compete to hire a clerk who had worked for her previously, but her former employer claimed the act of notifying her friend of a job opening occurred during the non-compete and had to be considered competition/violation. It went to court and the judge ruled that the new company was not considered a competitor, thus the notification or hiring could have occurred at any point during that year. He found for the defendent and asked us to file a "bill of costs."
Our attorney has told us costs are different than attorneys' fees. He said to ask for attorneys' fees would be considered contemptuous and open ourselves up to appeal. Well, our "costs" were the $45 for when the attorney filed an "Answer And Designation Of Non-Party" in which he asked for dismissal and that attorneys' fees, costs, expenses, etc be awarded to defendant. Our attorneys' fees were $4650, but our attorney said there is no avenue for us to ask for them back. (He said we can't bring them to small claims court to ask for attorneys' fees.)
I find this unfathomable. We had few options other than to defend ourselves against a lawsuit that appeared to be vindictive. Prior to filing suit, they asked us to pay $12K; with two weeks to go they asked for $9K plus attorneys' fees; on the morning of the trial they asked for $5K plus attorneys' fees. I understand $4650 is less than any of those options, but it still feels as though money was stolen from us to prove my wife's innocence.
Are there any recourses?